Case 1:15-cv-00233-TJM-DEP Document 22 Filed 06/04/15 Page 1 of 20
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF NEW YORK
`
`HONORABLE THOMAS J. McAVOY
`
`UNIFORM PRETRIAL SCHEDULING ORDER
`
`ENTHONE INC.
`
`vs.
`
`BASF CORPORATION
`
`Civil No. 1:15-CV-233 (TJM/RFT)
`
`
`Counsel for all parties having reported on the status of this action as directed
`by the Court, and the Court having considered the positions of the respective
`counsel regarding a schedule for the progression of the case,
`
`IT IS ORDERED that:
`
`1) THE DEADLINES SET IN THIS SCHEDULING ORDER SUPERSEDE THE
`DEADLINES SET FORTH IN FED. R. CIV. P.26(a)(3) AND ARE FIRM AND WILL
`NOT BE EXTENDED, EVEN BY STIPULATION OF THE PARTIES, ABSENT
`GOOD CAUSE. See Fed. R. Civ. P. 16(b).
`
`2) VENUE MOTIONS are to be filed within sixty (60) days of the date of this
`Order following the procedures set forth in Local Rule 7.1 (b)2 and are to be made
`returnable before the assigned Magistrate Judge.
`
`3) JURISDICTION MOTIONS are to be filedfiled within sixty (60) days of the date
`of this Order following the procedures set forth in Local Rule 7.1 (b)1 (unless a
`party who is not an attorney is appearing pro se, in which case L.R. 7.1 (b)2 should
`be followed) and are to be made returnable before the assigned District Judge.
`
`4) JOINDER OF PARTIES: Any application to join any person as a party to this
`action shall be made on or before July 3, 2015.
`
`5) AMENDMENT OF PLEADINGS: Any application to amend any pleading in this
`action shall be made on or before August 21, 2015.
`
`1
`
`Novartis Exhibit 2061.001
`Regeneron v. Novartis, IPR2021-00816
`
`

`

`Case 1:15-cv-00233-TJM-DEP Document 22 Filed 06/04/15 Page 2 of 20
`6) DISCOVERY: All discovery in this matter is to be completed on or before See
`attached Exhibit A. Service of discovery requests must be made a sufficient
`number of days before this deadline to allow responses to be served before the cut-
`off. Please refer to Local Rule 16.2 (Discovery Cut-Off).
`
`Special procedures for management of expert witnesses:
`
`There shall be binding disclosure of the identity of expert witnesses (including a
`curriculum vitae) as set forth below.
`
`(a) Expert Reports: With regard to experts who are retained or specially
`employed to provide expert testimony in the case or whose duties as an employee
`of the party regularly involve giving expert testimony:
`
`(1) No later than, See attached Exhibit A, set in paragraph 6 above,
`plaintiff(s) shall identify such expert(s) and, unless waived, shall serve on the other
`parties the expert’s written report pursuant to Fed. R. Civ. P. 26(a)(2)(B).
`
`(2) No later than, See attached Exhibit A, 45 days prior to the discovery
`deadline set in paragraph 6 above, defendant(s) shall identify any expert(s) and,
`unless waived, shall serve on the other parties the expert’s written report pursuant
`to Fed. R. Civ. P. 26(a)(2)(B).
`
`(3) No deposition of experts shall be taken until after the exchange of the
`expert reports.
`
`(4) No later than, See attached Exhibit A, 30 days prior to the discovery
`deadline set in paragraph 6 above, the parties must identify all experts who will
`contradict or rebut evidence on the same subject matter identified by another party
`under subparagraphs 6(a)(1) and (2) above, and unless waived, shall serve on the
`other parties such expert’s written report pursuant to Fed. R. Civ. P. 26(a)(2)(B).
`
`(5) Motions to preclude expert witness testimony must be filed and served on
`or before the motion deadline as set forth in paragraph seven (7) below.
`
`NOTE: If a treating physician is expected to be called as a witness, he or
`she must be identified at least 90 days prior to the close of discovery. The
`production of written reports prepared by treating physicians, pursuant to Fed. R.
`Civ. P. 26(a)(2)(B), is encouraged as an aid to settlement but is not required. In the
`case of any treating professional or other expert witness not required by the court’s
`rules to provide a written report, the party anticipating calling the witness must also
`disclose, at least 90 days prior to the close of discovery, the subject matter on which
`the witness is expected to present evidence under Federal Rule of Evidence 702,
`703, or 705 and a summary of the facts and opinions to which the witness is
`expected to testify, pursuant to Fed. R. Civ. P. 26(a)(2)(C).
`
`2
`
`Novartis Exhibit 2061.002
`Regeneron v. Novartis, IPR2021-00816
`
`

`

`Case 1:15-cv-00233-TJM-DEP Document 22 Filed 06/04/15 Page 3 of 20
`(b) The failure to comply with the deadlines set forth in subparagraph (a)
`above may result in the imposition of sanctions, including the preclusion of
`testimony, pursuant to Fed. R. Civ. P. 16(f).
`
`(c) In order to avoid the possibility of the unavailability of an expert witness at
`the time set for trial, counsel may preserve the testimony of such witness as outlined
`in paragraph 11(B)(2) below for use at trial. In the absence of same, the trial will
`proceed without such testimony.
`
`7) MOTIONS other than those made under paragraphs 2 and 3 above, motions are
`to be filed on or before See attached Exhibit A.
`
`a) NON-DISPOSITIVE MOTIONS. Non-dispositive motions (except venue
`motions-paragraph 2 above-and motions for injunctive relief) shall NOT be filed until
`after a conference with the Magistrate Judge, which is to be arranged through the
`Courtroom Deputy Clerk assigned to the Magistrate Judge. Before requesting such
`a conference to resolve discovery disputes, the parties must have complied with
`Local Rule 7.1 (d).
`
`Non-dispositive motions, including discovery motions, shall be filed in
`accordance with Local Rule 7.1 (b)2 and, except for motions for injunctive relief,
`shall be made returnable before the assigned Magistrate Judge. Motions for
`injunctive relief shall be made returnable before the assigned District Judge unless
`the case has been referred to a Magistrate Judge pursuant to 28 U.S.C. § 636(c)
`(“consent” jurisdiction).
`
`b)
`
`DISPOSITIVE MOTIONS:
`
` Dispositive motions shall be made returnable before the assigned District
`Judge, unless the case has been assigned to a Magistrate Judge on consent of the
`parties pursuant to 28 U.S.C. § 636(c).
`
`8) TRIAL DATES:
`
`a) If no dispositive motion is filed by the date set in paragraph 7 above, the
`case will be marked trial ready and counsel and the parties should be prepared to
`proceed to trial as of that date. Otherwise, the case will be marked trial ready as of
`August 22, 2016.
`
`It is anticipated that the trial will take approximately 10 days to complete.
`
`b) Trial is scheduled for October 12, 2016 at 10:00 AM, at the Federal
`Courthouse in Albany, New York.
`
`This is a JURY trial.
`
`3
`
`Novartis Exhibit 2061.003
`Regeneron v. Novartis, IPR2021-00816
`
`

`

`Case 1:15-cv-00233-TJM-DEP Document 22 Filed 06/04/15 Page 4 of 20
`Trial dates are firm unless changed by the assigned Magistrate Judge or
`District Judge. Counsel and the parties are advised that the trial date may be moved
`up in accordance with 8(a) above. The unavailability of any witness, expert or
`otherwise, will not be grounds for a continuance. In order to avoid the possibility of
`going forward with the trial without the testimony of an unavailable witness, counsel,
`where appropriate, shall preserve same before the trial ready date by written or
`video-taped deposition for possible use at trial.
`
`Counsel are directed to report to the trial judge’s chambers at least one-half
`hour prior to the commencement to discuss jury selection and any other issues
`related to trial.
`
`9) SETTLEMENT CONFERENCE: A settlement conference pursuant to Fed. R. Civ.
`P. 16(d) may be scheduled by the Court prior to the trial or as requested by the
`parties. In addition to counsel, a representative of each party with with full
`settlement authority shall attend the settlement conference, or be available by
`telephone.
`
`Prior to the settlement conference the parties are to have initiated settlement
`discussions. Plaintiff shall submit a realistic demand to defendant at least ten days
`before the conference, and defendant shall respond at least three days before the
`conference and shall submit a counteroffer, if appropriate. Failure to comply with
`these directions may result in sanctions.
`
`10) ASSESSMENT OF JUROR COSTS: The parties are advised that pursuant to
`Local Rule 47.3, whenever any civil action scheduled for a jury trial is postponed,
`settled, or otherwise disposed of in advance of the actual trial, then, except for good
`cause shown, all juror costs, including Marshal’s fees, mileage, and per diem, shall
`be assessed against the parties and/or their counsel as directed by the Court, unless
`the Court and the Clerk’s Office are notified at least one full business day prior to the
`day on which the action is scheduled for trial in time to advise the jurors that it will
`be unnecessary for them to attend.
`
`11) PRETRIAL SUBMISSIONS:
`
`Mandatory Fed. R. Civ. P. 26(a)(3) Disclosures (Jury and Non-Jury Cases)
`
`i) Not later than thirty days before the Trial Ready Date (as defined in
`paragraph 8(a) above) counsel shall provide to all other parties and electronically file
`with the Court the disclosures required under Fed. R. Civ. P. 26(a)(3).
`
`Note: The unavailability of any witness, expert or otherwise, will not be
`grounds for a continuance. In order to the possibility of going forward
`with the trial without the testimony of an unavailable witness, counsel,
`where appropriate, shall preserve same before the trial ready date by
`
`4
`
`Novartis Exhibit 2061.004
`Regeneron v. Novartis, IPR2021-00816
`
`

`

`Case 1:15-cv-00233-TJM-DEP Document 22 Filed 06/04/15 Page 5 of 20
`written or video-taped deposition for possible use at trial. Please refer
`to the attached instruction sheet for use of video-taped depositions.
`
`Those initial pretrial disclosures must include the following:
`
`a) The name and, if not previously provided, the address and telephone
`number of each witness, separately identifying those whom the party expects to
`present and those whom the party may call if the need arises;
`
`b) The designation of those witnesses whose testimony is expected to
`be presented by means of a deposition (including video-taped deposition),
`specifically identifying the pertinent portions of the deposition testimony to be
`offered; and
`
`c) An identification ofeach document or other exhibit, including
`summaries of other evidence, separately identifying those which the party expects
`to offer and those which the party may offer if the need arises.
`
`ii) Within fourteen days after service of the Rule 26(a)(3) initial pretrial
`disclosures, any party served with such Rule 26(a)(3) disclosures shall serve and
`electronically file with the court a list of any objections to the proposed use of
`deposition testimony designated by another party and objections to the admissibility
`of exhibits described in the initial disclosures, together with a summary of the
`grounds for objection.
`
`Note: All objections not disclosed in a timely manner in accordance
`with this rule, other than objections under Fed. R. Evid. 402 and 403,
`are waived unless excused by the Court for good cause.
`
`iii) Non-Jury Trials: One week before the Trial Ready Date counsel shall
`electronically file with the court their joint pretrial stipulation (see subparagraph A
`below) and all depositions (including video-taped depositions) to be used at trial (see
`subparagraph D below). In addition to this and the required mandatory pretrial
`disclosures referenced above (i.e., witness, deposition excerpt, and exhibit lists),
`one week before the Trial Ready Date counsel for each party shall electronically
`file with the court, with a copy to opposing counsel, (1) prepared findings of fact and
`conclusions of law; (2) a letter brief concerning any evidentiary issues (see
`subparagraph C below); and (3) a trial brief (see subparagraph E below).
`
`iv) Jury Trials: One week before the Trial Ready Date counsel shall
`electronically file with the court their joint pretrial stipulation (see subparagraph A
`below) and all depositions (including video-taped depositions) to be used at trial (see
`subparagraph D below). In addition, one week before the Trial Ready Date
`counsel for each party shall electronically file with the court, with a copy to opposing
`counsel, (1) Court Ordered Voir Dire (attachment #1); (2) proposed voir dire; (3) a
`letter brief concerning any evidentiary issues (see subparagraph C below); (4) a trial
`
`5
`
`Novartis Exhibit 2061.005
`Regeneron v. Novartis, IPR2021-00816
`
`

`

`Case 1:15-cv-00233-TJM-DEP Document 22 Filed 06/04/15 Page 6 of 20
`brief (see subparagraph E below); and (5) requests to charge, including a proposed
`Special Verdict Questionnaire (see subparagraph F below).
`
`(A)PRETRIAL STIPULATIONS: A joint pretrial stipulation subscribed by counsel for
`all parties shall be electronically filed with the Court one week before the Trial
`Ready Date and shall contain:
`
`(1)
`
`(2)
`
`(3)
`
`The basis of federal jurisdiction;
`
`A list of all exhibits which can be stipulated into evidence or that will be
`offered without objection as to foundation; and
`
`Relevant (1) facts not in dispute, (2) facts in dispute, and (3) issues of
`law to be considered and applied by the Court.
`
`(B) EXHIBITS: All exhibits shall be marked for identification in the manner
`prescribed below prior to the filing of the trial briefs. A complete set of copies of the
`exhibits, along with the original and one copy of the exhibit list (see subparagraph
`1 below), shall be presented to the Judge’s Courtroom Deputy Clerk at the beginning
`of the trial.
`
`The exhibits shall have been inspected by the opposing party and copied at
`their expense (unless waived) NO LATER THAN ONE WEEK PRIOR TO THE
`TRIAL READY DATE. All documents and/or papers intended as exhibits or to be
`used during the course of trial, including but not limited to, documents, photographs,
`charts, diagrams, etc., shall be marked for identification in the manner prescribed
`below and must be assembled in BINDERS with each document properly marked
`at the lower right corner for identification purposes as directed below. In voluminous
`cases, consult with the Judge’s Courtroom Deputy Clerk for the proper procedure
`to follow.
`
`*NOTE: During the course of trial, the Courtroom Deputy shall take
`charge of exhibits which are received into evidence. At the conclusion of the
`trial, the Courtroom Deputy will immediately return all of the exhibits to the
`proper parties. It is the responsibility of the parties to maintain the exhibits
`and to produce the exhibits for any appeal.
`
`(1) EXHIBIT LISTS: The exhibits shall be listed on the form prescribed by the
`Court, a copy of which is attached to this Order. Counsel are to supply the exhibit
`number and exhibit description. The remaining boxes shall be left blank for the
`Courtroom Deputy. The original and one copy of the exhibit list shall be given to the
`Judge’s Courtroom Deputy Clerk along with the exhibits at the beginning of trial.
`
`(2) EXHIBIT MARKERS: Counsel shall fill in the appropriate markers leaving
`the “Dated entered” and “Deputy Clerk” lines blank. All exhibits shall be assigned
`
`6
`
`Novartis Exhibit 2061.006
`Regeneron v. Novartis, IPR2021-00816
`
`

`

`Case 1:15-cv-00233-TJM-DEP Document 22 Filed 06/04/15 Page 7 of 20
`
`numbers by using a prefix of “P” for plaintiff, “D” for defendant, and “G” for
`Government (U.S. Attorney).
`
`Plaintiff’s exhibits should be denoted as: P-1, P-2, P-3, etc. Defendant’s exhibits
`should be denoted as: D-1, D-2, D-3, etc. Government’s exhibits should be denoted
`as: G-1, G-2, G-3, etc. In cases involving multiple defendants, the exhibits shall be
`denoted with the initial of the last name of the defendant and its numerical
`identification number.
`
`Stickers shall be affixed whenever possible to the lower right-hand corner of the
`exhibit. If the exhibit marker is going to cover any information on the exhibit, then
`affix the marker to the reverse side of the exhibit. Each exhibit shall also have an
`exhibit number in the upper right hand corner of the exhibit. (P-1, P-2, etc. or D-1,
`D-2, etc.).
`
`(C) EVIDENTIARY ISSUES (Motions in Limine): One week before the Trial
`Ready Date counsel shall electronically file with the Court, with a copy to opposing
`counsel, a letter brief containing a concise statement of any and evidentiary issues
`to be presented upon trial, citing the applicable rules of evidence and case law.
`
`(D) DEPOSITIONS: All depositions (including video-taped depositions) to be used
`at trial shall be filed with the Clerk’s Office at least one week before the Trial
`Ready Date. Not earlier than one week and not less than four days prior to the Trial
`Ready Date, each party shall indicate to the other party the portion of the deposition
`to be offered. To the extent possible, objections are to be resolved between the
`parties. Areas of unresolved disagreement shall be presented to the Court for ruling
`prior to the Trial Ready Date. (See attached instruction sheet for use of video-taped
`depositions.)
`
`(E) TRIAL BRIEFS: One week before the Trial Ready date, counsel shall
`electronically file with the court, with a copy to opposing counsel, a trial brief
`containing argument and citations on any and all disputed issues of law, citing the
`applicable rules of evidence and case law.
`
`(F) REQUESTS TO CHARGE: One week before the Trial Ready date, counsel
`shall electronically file with the Court a request to charge and a proposed Special
`Verdict Questionnaire. These documents shall also be sent in a TEXT format (ie.,
`WordPerfect or Word, but not .pdf format) to Judge McAvoy’s electronic mail box:
`NYND_TJM_ECF_NOTICES@nynd.uscourts.gov (*Note: email address is case
`sensitive.) The request to charge need only include instructions that are specific
`to the law in this case regarding liability, damages, and any unusual issues. The
`court has the usual boilerplate charge.
`
`(G) COURTROOM TECHNOLOGY: If the parties intend to utilize the courtroom
`equipment at the time of trial, counsel are directed to contact the Courtroom Deputy
`prior to the trial date to make arrangements for training and testing such equipment.
`
`7
`
`Novartis Exhibit 2061.007
`Regeneron v. Novartis, IPR2021-00816
`
`

`

`Case 1:15-cv-00233-TJM-DEP Document 22 Filed 06/04/15 Page 8 of 20
`Please keep in mind that the Court does not provide a person to run the equipment
`during trial. The courtroom is supplied with a VHS/DVD combination unit, visual
`evidence presenter, VGA connections
`for
`laptops
`(no
`internet), and
`interpreter/hearing impaired headsets. All non-proprietary DVD’s (i.e., .avi, .mp3,
`.mp4, and .wmv) should be compatible with the Court’s DVD player, however, prior
`to the trial date, counsel must confirm such compatibility for use at the time of trial.
`If any portion of the DVD/VHS tape should be redacted, it is the responsibility of
`counsel to provide a redacted copy for use at trial. Counsel may be required to
`utilize the visual presenter to publish exhibits to the jury. The visual evidence
`presenter will allow counsel to display documents, photos, objects, x-rays, and
`electronic presentations on monitors placed throughout the courtroom and in the jury
`box with touch screen monitors at the podium and witness stand. Laptop
`connections are available at the podium and at all counsel tables (no internet).
`Please note that audio cables are not available and counsel should provide their
`own, if necessary. If you are presenting evidence through a Macintosh laptop, a
`video convertor/adaptor is required and must be supplied by counsel. In the event
`counsel’s equipment is not compatible with the courtroom’s equipment, the Court is
`not responsible for supplying additional electronic parts to remedy this. One week
`prior to the trial date counsel may request that the court reporter provide a live
`realtime transcript or an end of day transcript. There is a charge for these
`services and financial arrangements should be made ahead of time with the
`court reporter. When requesting a live realtime transcript the following is required:
`1) litigation support software, (i.e., LiveNote, Bridge, Caseview); 2) hardware (i.e.,
`if laptop does not have a serial port, a USB to serial adaptor is required). Additional
`courtroom technology information may be obtained on the court’s webpage:
`http://www.nynd.uscourts.gov/Courtroom_Technology.htm.
`
`(H) Alternative Dispute Resolution: This action has been referred into the
`Mandatory Mediation Program. The Court has discussed with the parties the time
`frame for completion of the Mandatory two-hour mediation session. Mandatory
`Mediation shall be completed by November 6, 2015. The Court will issue a
`separate order referring this case into the Pilot Mandatory Mediation Program.
`
`12) STATUS REPORT: Plaintiff’s counsel is directed to report to the Court as to the
`status of this case. The report is to be submitted in letter form and filed electronically
`with the Clerk of the Court, to the attention of Judge Treece, on or before the date
`directed by Judge Treece. The report should include a discussion of the discovery
`completed to date, any that is scheduled, and any settlement negotiations that have
`occurred or are scheduled. STATUS REPORT to be submitted on or before
`September 9, 2015.
`
`8
`
`Novartis Exhibit 2061.008
`Regeneron v. Novartis, IPR2021-00816
`
`

`

`Case 1:15-cv-00233-TJM-DEP Document 22 Filed 06/04/15 Page 9 of 20
`SO ORDERED
`
`DATED: June 4, 2015
`
`9
`
`Novartis Exhibit 2061.009
`Regeneron v. Novartis, IPR2021-00816
`
`

`

`Case 1:15-cv-00233-TJM-DEP Document 22 Filed 06/04/15 Page 10 of 20
`
`Exhibit A
`
`.
`Rule 26(f) Meeting
`Initial Disclosures (Rule 26(a)(l))
`
`Event
`
`Filine; of Civil Case Management Plan
`Rule 16 Conference
`Patentee Disclosure of Asserted Claims and Infringement
`Contentions (L. Pat. R. 3.1 & 3.2) (Not later than 14 days after June
`3, 2015)
`Joinder of Parties
`Accused Non-Infringement/Invalidity/Unenforceability Contentions
`<L. Pat. R. 3.3 & 3.4) (Not later than 30 days after June 17, 2015)
`Exchange of Claim Terms for Construction (L. Pat. R. 4.2) (Not later
`than 60 days after June 3. 2015)
`Exchange of Preliminary Claim Constructions and Extrinsic Evidence
`(L. Pat. R. 4.3) (Not later than 21 days after July 31, 2015)
`Amend Pleadine;s
`Joint Claim Construction and Prehearing Statement (L. Pat. R. 4.4)
`(Not later than 21 davs after August 21, 2015)
`Completion of Claim Construction Discovery (L. Pat. R. 4.5) (Not
`later than 30 davs after Seotember 11, 2015)
`Opening Markman Briefs (L. Pat. R. 4.6(a)) (Not later than 45 days
`after Seotember 11, 2015)
`Opposing Markman Briefs (L. Pat. R. 4.6(b)) (Not later than 30 days
`after October 26. 2015)
`Claim Construction Hearing
`
`Claim Construction Order
`Advice of Counsel Disclosure <L. Pat. R. 5.2)
`Close of Fact Discovery
`Initial Exoert Reoorts (L. Pat. R. 5.3)
`Responsive Exoert Reoorts (L. Pat. R. 5.4)
`Close of Expert Discovery <L. Pat. R. 5.5)
`Deadline for Filing Disoositive Motions (L. Pat. R. 5.6)
`
`Mreed Deadlines
`May 13, 2015
`14 days after Court's
`ruling on Defendant's
`Partial Motion to
`Dismiss (Dkt. 15)
`May 27, 2015
`June 3, 2015
`June 17, 2015
`
`July 3, 2015
`July 17, 2015
`
`July 31, 2015
`
`August 21, 2015
`
`Aue;ust 21, 2015
`September 11, 2015
`
`October 9, 2015
`
`October 26, 2015
`
`November 25, 2015
`
`December 9, 2015 ( on or
`after this date, subject to
`the Court's availabilitv)
`X
`X +30days
`X +45 davs
`X+60davs
`X +90days
`X + 120days
`X + 150davs
`
`Novartis Exhibit 2061.0010
`Regeneron v. Novartis, IPR2021-00816
`
`

`

`Case 1:15-cv-00233-TJM-DEP Document 22 Filed 06/04/15 Page 11 of 20
`COURT ORDERED VOIR DIRE
`TO BE USED BY THE JUDGE AT TRIAL
`
`CASE TITLE: ENTHONE INC. vs. BASF CORPORATION
`CIVIL ACTION NO.: 15-CV-233
`ASSIGNED JUDGE OR MAGISTRATE JUDGE: THOMAS J. McAVOY
`
`ATTACHMENT #(1)
`
`Each attorney is required to submit the following information on behalf of his/her client
`for use by the Court during Voir Dire and must be filed with the Court one week before the Final
`Pretrial Conference, or any other date set by the Court.
`
`NAMES AND ADDRESSES OF ALL PARTIES TO THE LAWSUIT:
`
`(use additional page if necessary)
`
`YOUR NAME, FIRM NAME, ADDRESS AND THE NAME OF ANY PARTNER OR ASSOCIATE
`WHO MAY BE AT COUNSEL TABLE DURING THE COURSE OF THE TRIAL.
`
`(use additional page if necessary)
`
`SET FORTH THE DATE OF THE OCCURRENCE, THE PLACE OF THE OCCURRENCE AND
`A BRIEF STATEMENT OF THE EVENTS CENTRAL TO THE LITIGATION.
`
`(use additional page if necessary)
`
`SET FORTH THE NAMES AND ADDRESSES OF ALL LAY WITNESSES TO BE CALLED.
`
`(use additional page if necessary)
`
`Novartis Exhibit 2061.0011
`Regeneron v. Novartis, IPR2021-00816
`
`

`

`Case 1:15-cv-00233-TJM-DEP Document 22 Filed 06/04/15 Page 12 of 20
`
`SET FORTH THE NAMES AND ADDRESSES OF ALL EXPERT WITNESSES TO BE
`CALLED GIVING A BRIEF DESCRIPTION OF THEIR AREAS OF EXPERTISE.
`
`(use additional page if necessary)
`
`SET FORTH A BRIEF DESCRIPTION OF EACH AND EVERY CAUSE OF ACTION IN THE
`COMPLAINT.
`
`(use additional page if necessary)
`
`SET FORTH A BRIEF DESCRIPTION OF EACH AND EVERY AFFIRMATIVE DEFENSE
`ASSERTED AS WELL AS A STATEMENT ADDRESSING ANY COUNTERCLAIMS RAISED
`IN THE ANSWER.
`
`(use additional page if necessary)
`
`-----------------------------------------------
`
`PLEASE TAKE NOTICE that any delay in jury selection occasioned by the failure to provide
`this information will be explained to the jury as to the extent of the delay and the attorney
`causing same and if the delay causes a one (1) day or more postponement of this trial,
`appropriate monetary sanctions will be imposed by the Court.
`
`Submitted by: ___________________________________
`
`Date: _______________________
`
`Novartis Exhibit 2061.0012
`Regeneron v. Novartis, IPR2021-00816
`
`

`

`Case 1:15-cv-00233-TJM-DEP Document 22 Filed 06/04/15 Page 13 of 20
`
`FINAL PRETRIAL ORDER - CONTINUED...
`
`INSTRUCTIONS FOR THE USE OF VIDEO TAPED DEPOSITIONS
`
`COUNSEL ARE TO VIEW ALL VIDEOTAPES WHICH MAY BE OFFERED INTO EVIDENCE AT
`THE TIME OF TRIAL. ALL VIDEO-TAPED DEPOSITIONS TO BE USED AT TRIAL SHALL BE
`FILED WITH THE CLERK’S OFFICE AT LEAST ONE WEEK BEFORE THE TRIAL READY DATE.
`NOT EARLIER THAN ONE WEEK AND NOT LESS THAN FOUR DAYS PRIOR TO THE TRIAL
`READY DATE, EACH PARTY SHALL INDICATE TO THE OTHER PARTY THE PORTION OF
`THE DEPOSITION TO BE OFFERED. TO THE EXTENT POSSIBLE, OBJECTIONS ARE TO BE
`RESOLVED BETWEEN THE PARTIES. COUNSEL SHALL SUBMIT ALL OBJECTIONS IN
`WRITING TO THE COURT FOR RULING PRIOR TO THE TRIAL READY DATE.
`
`THE CLERKS OFFICE HAS AVAILABLE A VHS FORMAT VIDEO CASSETTE PLAYER AND
`TELEVISION FOR USE AT TRIAL. PLEASE BE ADVISED THAT YOU MUST PROVIDE A
`PERSON TO RUN THE EQUIPMENT DURING THE COURSE OF THE TRIAL. ADDITIONAL
`COURTROOM TECHNOLOGY INFORMATION MAY BE OBTAINED ON THE COURT’S
`WEBPAGE WWW.NYND.USCOURTS.GOV
`
`ELECTRONIC VISUAL EVIDENCE PRESENTER
`
`IN ADDITION TO THE VIDEO EQUIPMENT NOTED ABOVE, THE COURT HAS AVAILABLE A
`VISUAL EVIDENCE PRESENTER WHICH WILL ALLOW COUNSEL TO DISPLAY PHOTOS
`(NEGATIVES OR POSITIVES), DOCUMENTS, X-RAYS, AND 3-D OBJECTS , WITHOUT WIRES,
`ON TELEVISIONS PLACED THROUGHOUT THE COURTROOM. THIS EQUIPMENT IS
`AVAILABLE AT THE COURTHOUSES IN ALBANY, SYRACUSE, UTICA AND BINGHAMTON.
`USE OF THE VISUAL PRESENTER MAY BE REQUIRED BY THE TRIAL JUDGE PRESIDING
`OVER YOUR CASE. FOR FURTHER INFORMATION ON THE USE OF THIS EQUIPMENT,
`PLEASE CONTACT THE COURTROOM DEPUTY CLERK FOR THE ASSIGNED TRIAL JUDGE.
`
`Novartis Exhibit 2061.0013
`Regeneron v. Novartis, IPR2021-00816
`
`

`

`Case 1:15-cv-00233-TJM-DEP Document 22 Filed 06/04/15 Page 14 of 20
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF NEW YORK
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF NEW YORK
`
`CASE NO. 15-CV-233
`
`CASE NO. 15-CV-233
`
`PLAINTIFF EXHIBIT NO. __________
`
`DEFENDANT EXHIBIT NO. __________
`
`DATE ENTERED __________
`LAWRENCE K. BAERMAN, CLERK
`
`DATE ENTERED __________
`LAWRENCE K. BAERMAN, CLERK
`
`BY: ______________________________
`DEPUTY CLERK
`
`BY: ______________________________
`DEPUTY CLERK
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF NEW YORK
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF NEW YORK
`
`CASE NO. 15-CV-233
`
`CASE NO. 15-CV-233
`
`PLAINTIFF EXHIBIT NO. __________
`
`DEFENDANT EXHIBIT NO. __________
`
`DATE ENTERED __________
`LAWRENCE K. BAERMAN, CLERK
`
`DATE ENTERED __________
`LAWRENCE K. BAERMAN, CLERK
`
`BY: ______________________________
`DEPUTY CLERK
`
`BY: ______________________________
`DEPUTY CLERK
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF NEW YORK
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF NEW YORK
`
`CASE NO. 15-CV-233
`
`CASE NO. 15-CV-233
`
`PLAINTIFF EXHIBIT NO. __________
`
`DEFENDANT EXHIBIT NO. __________
`
`DATE ENTERED __________
`LAWRENCE K. BAERMAN, CLERK
`
`DATE ENTERED __________
`LAWRENCE K. BAERMAN, CLERK
`
`BY: ______________________________
`DEPUTY CLERK
`
`BY: ______________________________
`DEPUTY CLERK
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF NEW YORK
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF NEW YORK
`
`CASE NO. 15-CV-233
`
`CASE NO. 15-CV-233
`
`PLAINTIFF EXHIBIT NO. __________
`
`DEFENDANT EXHIBIT NO. __________
`
`DATE ENTERED __________
`LAWRENCE K. BAERMAN, CLERK
`
`DATE ENTERED __________
`LAWRENCE K. BAERMAN, CLERK
`
`BY: ______________________________
`DEPUTY CLERK
`
`BY: ______________________________
`DEPUTY CLERK
`
`Novartis Exhibit 2061.0014
`Regeneron v. Novartis, IPR2021-00816
`
`

`

`Signature: _________________________
`
`Exhibits Returned to Counsel (Date): _____________
`
`Exhibit Description
`
`Witness
`
`Remarks
`
`Admitted Into
`
`Evidence
`
`Identification
`Marked for
`
`Exhibit
`
`No.
`
`“ Court
`
`“ Defendant
`
`“ Plaintiff
`
`Page 1 of ____
`
`Northern District Of New York
`United States District Court
`
`Presiding Judge: Thomas J. McAvoy
`Date: _________________
`Case No. 15-CV-233
`
`Case 1:15-cv-00233-TJM-DEP Document 22 Filed 06/04/15 Page 15 of 20
`
`Novartis Exhibit 2061.0015
`Regeneron v. Novartis, IPR2021-00816
`
`

`

`Signature: _________________________
`
`Exhibits Returned to Counsel (Date): _____________
`
`Exhibit Description
`
`Witness
`
`Remarks
`
`Admitted Into
`
`Evidence
`
`Identification
`Marked for
`
`Exhibit
`
`No.
`
`Page ____ of ____
`
`Case 1:15-cv-00233-TJM-DEP Document 22 Filed 06/04/15 Page 16 of 20
`
`Case No. 15-CV-233
`
`Novartis Exhibit 2061.0016
`Regeneron v. Novartis, IPR2021-00816
`
`

`

`Case 1:15-cv-00233-TJM-DEP Document 22 Filed 06/04/15 Page 17 of 20
`PRETRIAL & SETTLEMENT CONFERENCE STATEMENT
`( NOT FOR PUBLIC VIEW )
` ** THIS DOCUMENT WILL BE PROVIDED TO THE CLERK AND
`NOT FILED IN ACCORDANCE WITH L.R. 5.7
`
`CASE NAME: ENTHONE INC. vs. BASF CORPORATION
`
`ACTION NO.: 15-CV-233
`
`ASSIGNED JUDGE: THOMAS J. McAVOY
`
`ASSIGNED MAGISTRATE JUDGE: RANDOLPH F. TREECE
`
`Each Attorney is required to submit the following information on behalf of his or
`her client in short, concise form, in order to present a brief overview of the facts of the
`case. This information will be used by the Court during the scheduled final
`pretrial/settlement conference and therefore must be provided to the Court five (5)
`days in advance of the conference date.
`
`PARTY/PARTIES REPRESENTED;
`
`___________________________________________________________________
`___________________________________________________________________
`___________________________________________________________________
`___________________________________________________________________
`(use additional page if necessary)
`
`A BRIEF PERSONAL HISTORY REGARDING YOUR CLIENT(S);
`
`___________________________________________________________________
`___________________________________________________________________
`___________________________________________________________________
`___________________________________________________________________
`(use additional page if necessary)
`
`A BRIEF STATEMENT OF THE FACTS OF THE CASE;
`
`___________________________________________________________________
`___________________________________________________________________
`___________________________________________________________________
`___________________________________________________________________
`(use additional page if necessary)
`
`Novartis Exhibit 2061.0017
`Regeneron v. Novartis, IPR2021-00816
`
`

`

`Case 1:15-cv-00233-TJM-DEP Document 22 Filed 06/04/15 Page 18 of 20
`A BRIEF STATEMENT OF THE CLAIMS AND DEFENSES, i.e., STATUTORY OR
`OTHER GROUNDS UPON WHICH THE CLAIMS ARE FOUND; AND EVALUATION
`OF THE PARTIES’ LIKELIHOOD OF PREVAILING ON THE CLAIMS AND
`DEFENSES; AND A DESCRIPTION OF THE MAJOR ISSUES IN DISPUTE; SET
`FORTH ANY DEMANDS OR OFFERS FOR SETTLEMENT
`
`___________________________________________________________________
`___________________________________________________________________
`_____________________